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Supplements - Dedicated Servers

ServerCentral, Inc.
Dedicated Server Service Supplement

Services

Via SCN’s “Dedicated Server Service,” SCN uses commercially reasonable efforts to provide Customer with exclusive use of a physical bare metal server, owned and operated by SCN and located in a Datacenter Facility.  Dedicated Server configurations may include standard, predefined compute, memory, storage and Bandwidth elements or may be custom configured.  The hardware configuration of the Dedicated Server(s) will be listed on the associated Order, including Bandwidth (if any) included with the Dedicated Server.

SCN offers many configuration options for Dedicated Servers, tailored to Customer’s needs.  SCN staff, in accordance with both the Customer’s Order for the Dedicated Server Service and any applicable sales engineering documentation generated with Customer input, will perform physical installation of all Dedicated Server configurations.

Fees

Fees for the Dedicated Server Service are charged on a calendar-month basis, per Dedicated Server.  Fees include:  (i) a non-recurring charge for setup and configuration of each Dedicated Server and (ii) a monthly Recurring Charge for the ongoing Dedicated Server Service.  Additional Fees may be incurred by Customer for completion of Services provided by SCN outside the scope of the Dedicated Server Service.  Any such additional Fees will be agreed upon, in writing, by both Parties prior to such Services being performed.

Any Bandwidth used on a partial-month basis shall be subject to the 95th percentile calculations of the full calendar month.  Billing for IP Transit usage will follow the “95th Percentile Rule”:  Usage samples will be collected and sorted from highest to lowest, with the top five percent (5%) discarded in any given calendar month.  The next highest sample (the 95th percentile number) will then be used as the basis in computing the fees for the month for incremental Bandwidth beyond the committed level.  Billable Bandwidth usage under 95th Percentile Rule billing is determined by the higher of Inbound Traffic and Outbound Traffic.  Fees for Burst Bandwidth will be billed after the end of the month.

SLAs

SCN will use commercially reasonable efforts to maximize availability of every Dedicated Server and to achieve the SLAs detailed below. 

  • SCN Network Uptime SLA – SCN will use commercially reasonable efforts to provide 100% availability of the SCN Network. The SCN Network shall be deemed “available” if its networking components are available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by an SCN monitoring tool).
  • SCN Network Packet Loss SLA – SCN will use commercially reasonable efforts to provide 99.5% or greater packet delivery success rate within the SCN Network.
  • SCN Network Latency SLA – SCN will use commercially reasonable efforts to provide 3 milliseconds or lower round trip transmission latency from a SCN router to any of SCN’s transit carriers.
  • Hardware Replacement (Chicago Market) SLA – SCN will use commercially reasonable efforts to provide 100% availability of each individual Dedicated Server. A Dedicated Server shall be deemed “available” if the server hardware is in good working order and (if applicable) the hardware is available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool).  In the event of a failure of server hardware, the faulty hardware will be replaced at no charge to Customer within one (1) hour of SCN identifying the problem therewith.  This SLA does not include the time required to perform additional software related maintenance, including rebuilding from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, installing or updating firmware, or rebuilding RAID arrays.
  • Hardware Replacement (Worldwide, excluding Chicago Market) SLA – SCN will use commercially reasonable efforts to provide 100% availability of each individual Dedicated Server. A Dedicated Server shall be deemed “available” if the server hardware is in good working order and (if applicable) the hardware is available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool).  In the event of a failure of server hardware, the faulty hardware will be replaced at no charge to Customer within two (2) business days of SCN identifying the problem therewith.  This SLA does not include the time required to perform additional software related maintenance, including rebuilding from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, installing or updating firmware, or rebuilding RAID arrays.
  • Ongoing Maintenance SLA – Any maintenance that SCN reasonably believes will result in Downtime will be confirmed with Customer via a maintenance notification. Any updates that are deemed to be critical by a third party vendor to ensure proper ongoing operation of the network, compute, storage and security shall be exempt from this Section, provided that, for updates of this nature, SCN will use commercially reasonable efforts to coordinate the installation of such updates with Customer.

Remedies for Failure of Dedicated Server SLAs

  • SCN Network Uptime – If Customer experiences a failure in the SCN Network Uptime SLA, SCN will issue Customer a Credit equal to 5% of Customer’s Dedicated Server Service Fees for each full hour of such failure, for each affected Dedicated Server, provided that such Credits will not exceed the aggregate Dedicated Server Service Fees for the affected Dedicated Server(s) otherwise due from Customer for the calendar month in which the failure occurred.
  • SCN Network Packet Loss SLA and SCN Latency SLA – If two (2) hours after being notified of any failure to meet the SCN Network Packet Loss or Latency SLAs, SCN fails to remedy such excess packet loss or latency (as applicable), SCN will issue Customer a Credit equal to 5% of Customer’s Dedicated Server Service Fees for each full hour of such failure, for each affected Dedicated Server, provided that such Credits will not exceed the aggregate Dedicated Server Service Fees for the affected Dedicated Server(s) otherwise due from Customer for the calendar month in which the failure occurred.
  • Hardware Replacement (Chicago Market) SLA – If Customer experiences a failure in the Hardware Replacement (Chicago Market) SLA, SCN will issue Customer a Credit equal to 5% of Customer’s Dedicated Server Service Fees for each full hour of such failure, for each affected Dedicated Server, provided that such Credits will not exceed the aggregate Dedicated Server Service Fees for the affected Dedicated Server(s) otherwise due from Customer for the calendar month in which the failure occurred.
  • Hardware Replacement (worldwide, excluding Chicago Market) SLA – If Customer experiences a failure in the Hardware Replacement (Worldwide, Excluding Chicago Market) SLA, SCN will issue Customer a Credit equal to 20% of Customer’s Dedicated Server Service Fees for each full day of such failure, for each affected Dedicated Server, provided that such Credits will not exceed the aggregate Dedicated Server Service Fees for the affected Dedicated Server(s) otherwise due from Customer for the calendar month in which the failure occurred.
  • Ongoing Maintenance SLA – If SCN fails to provide a minimum of forty-eight (48) hours’ advance notice of a service-impacting maintenance to the Dedicated Server Service (excluding emergency maintenance), SCN will issue Customer a Credit equal to 5% of the Recurring Charges attributable to the Dedicated Server Service for the calendar month in which the disruption occurred.

Limitations on Remedies; Exceptions

  • Limitation on Remedies – Customer shall not receive any Credits for any failure or breach that is caused by or associated with the failure of Customer-owned equipment, software or configuration used in connection with the Dedicated Server, including failures of the Customer’s own network, of intermediate ISPs, or of the network of any End Users.
  • Claims for Credit – In order to be eligible for a Credit with respect to any Dedicated Server Service SLA, in addition to complying with all other requirements of the Master Products and Services Agreement, Customer must provide to SCN all reasonable details regarding the Dedicated Server Service SLA Credit request, the affected services and any attempts made by Customer to diagnose, troubleshoot or resolve the Dedicated Server Service Incident(s).

Definitions

Any capitalized terms not otherwise defined herein shall have the definitions ascribed thereto in the main body of the Master Products and Services Agreement entered into by SCN and Customer or the Order(s) applicable to the Dedicated Server Service.

Bandwidth” – the measured rate of bits per second transferred over the SCN Network from and to Customer’s equipment.

Chicago Market”  - SCN’s Datacenter Facilities located in Chicago and Elk Grove Village, Illinois.

Emergency Maintenance” – a maintenance event performed on a Dedicated Server that is deemed by SCN to be critical to preserve the integrity of the Dedicated Server Service. 

Inbound Traffic” – Bandwidth measured from the SCN Network to Customer equipment.

Outbound Traffic” - Bandwidth measured from Customer equipment to the SCN Network.


©2016 ServerCentral — Revised August 8, 2016